INDIAN RARE EARTHS LTD Vs. ELSAVE FERNANDEZ

JUDGEMENT

(1.) THESE appeals arise from the judgment and decree of the additional Sub Judge of Kollam L. A. R. Nos. 31, 32 and 33 of 1988.

(2.) THE appellant in these cases is M/s. Indian Rare earths Ltd. , Chavara, which was the requisitioning authority. It is a government of India Undertaking with factory at Chavara Village in Karunagappally Taluk. THE properties involved in these matters were lying adjacent to M/s. Indian Rare Earths Company and the acquisition was by the state of Kerala for expansion of the plant facilities of the Company. THE claimant in L. A. R. No. 31/88 was the owner of 2. 83 Ares of dry land in Sy. No. 134/12-13 of Chavara Village . THE claimant in L. A. R. No. 32/ 88 by name Alphonse Fernandez was the owner of 2. 84 Ares of dry land in Sy. No. 136/16 of Chavara Village. THE claimants in l. A. R. No. 33. 88 by names Francis Fernandez and Mekhail Fernandez were the owners of 2. 02 acres of dry land in Sy. No. 136/11 of Chavara Village . THEse properties were acquired as per the notification dated 6. 12. 1983. THE award in L. A. R. No. 31. / 88 was dated 18. 12. 1987 and the date of taking possession was 28. 2. 1987. In L. A. R. 32/88 the date of award as 18. 2. 1987 and the date of taking possession was 28. 2. 1987. . In L. A. R. No. 33. 88 the date of award was 18. 2. 1987 and the date of taking possession was 28. 2. 1987. In LAR No. 31/88 the awarding officer fixed land value at the rate of R. 3,443/- per Are whereas the claim was at the rate of Rs. 7,000/- per cent. For the structures in the property Rs. 51,000/- was claimed. THE total amount granted was Rs. 30,322. 30 as per the award. In LAR No. 32/88 the claimant wanted land value to be fixed at Rs. 7,000/- per cent and he claimed Rs. 1,50,000/- as value of structures. THE total compensation awarded in this case was Rs. 58,655. 60. In LAR 33/88 the claim was Rs. 7,000 per cent as land value and Rs. 1,00,000/- as value of structures. In this case, the total compensation awarded by the Land acquisition Officer was Rs. 29,246. 10. It is to be noted that there were residential buildings in all these three properties. Dissatisfied with the amount of compensation reference was made to the reference court at the instance of the claimants. THE reference court fixed land value at Rs. 4500/- per cent and granted Rs. 1000/- as shifting charges. No amount was awarded as enhancement of the value of the buildings and other structures in the absence of proper evidence. Aggrieved by that enhancement the second respondent in the lars filed appeals before this Court.